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2025 DAILYLAW 10932 (KAR)

RAJU v. THE STATE

CRL.P/200807/2025 · 2025-05-06

S Vishwajith Shetty

body2025

Judgment text

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- 1 - NC: 2025:KHC-K:2611 CRL.P No. 200807 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 6TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO.200807 OF 2025 (439(Cr.PC)/483(BNSS)) BETWEEN: RAJU S/O LATE TAYAPPA, AGE: 26 YEARS, OCC: COOLIE, R/O LABOUR COLONY, DEVASUGURU VILLAGE, TQ. AND DIST. RAICHUR. …PETITIONER (BY SRI RAVI BHEEMSINGH CHAWAN, ADVOCATE) AND: THE STATE, THROUGH SHAKTINAGAR POLICE STATION, REPRESENTED BY, ADDL. SPP, HIGH COURT OF KARNATAKA AT KALABURAGI-585 107. …RESPONDENT (BY SRI VEERANAGOUDA MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S 483 OF BNSS, 2023 PRAYING TO ALLOW THE PETITION AND RELEASE THE ACCUSED NO.3/PETITIONER ON BAIL IN CRIME NO.20/2025 OF SHAKTINAGAR POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2611 CRL.P No. 200807 of 2025 115(2), 118(1), 74, 352, 109, 351(2) READ WITH SECTION 190 OF BNS, 2023 AGAINST THE PETITIONER/ACCUSED NO.3 WHICH IS PENDING ON THE FILE OF 3RD ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT RAICHUR. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.3 in Crime No.20/2025, registered by the Shakti Nagar Police Station, Raichur for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 74, 352, 109, 351(2) read with Section 190 of the BNS, 2023 is before this Court under Section 439 of the BNSS, 2023 seeking regular bail. 2. FIR in Crime No.20/2025 was registered by the Shakti Nagar Police Station, Raichur for the aforesaid offences against Dodda Narasimhalu S/o Gurudas and others based on the first information made on 11.04.2025, received from Laxmi W/o Ningappa. During the course of investigation of the case, the petitioner herein, who is - 3 - NC: 2025:KHC-K:2611 CRL.P No. 200807 of 2025 arrayed as accused No.3 in the FIR was arrested on 12.04.2025 and remanded to judicial custody. His bail application filed before the jurisdictional Sessions Court in Criminal Miscellaneous No.260/2025 was rejected. Therefore, he is before this Court. 3. Heard learned counsel for the petitioner and learned High Court Government Pleader, who is directed to take notice for the respondent/State. 4. Perusal of the material on record would go to show in respect of the alleged incident that had taken place on 11.04.2025, a case and counter case have been registered by the Shakti Nagar Police Station, Raichur in Crime Nos.19/2025 and 20/2025 almost for similar offences. The petitioner is the complainant in Crime No.19/2025. The petitioner has also suffered injuries in the alleged incident in question. The allegations against the petitioner are that he had assaulted Shivalingappa with the wooden piece on his back and also had assaulted Pooja with a stone on her stomach. The incident in - 4 - NC: 2025:KHC-K:2611 CRL.P No. 200807 of 2025 question appears to have taken place between two families having regard to the civil dispute between them. The petitioner is in custody from 12.04.2025. Considering the aforesaid aspect of the matter and the nature of allegations found against the petitioner, who is also an injured victim, in Crime No.19/2025, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively. Accordingly, following order is passed: ORDER The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.20/2025 of Shakti Nagar Police Station, Raichur, registered for the offences punishable under Sections 189(2), 191(2), 191(3), 115(2), 118(1), 74, 352, 109, 351(2) read with Section 190 of the BNS, 2023, pending before the III Additional Senior Civil Judge and JMFC, Raichur, subject to the following conditions: - 5 - NC: 2025:KHC-K:2611 CRL.P No. 200807 of 2025 a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSP List No.: 1 Sl No.: 4 CT: AK